The best way to prevent problems with bears is to avoid unintentionally feeding them. Secure bags of trash inside cans stored in a garage, basement, or other secure area. Place trash outside, as late as possible, or trash pick-up days – not the night before. Keep all garbage sites clean. If a bear is in the area, remove bird or hummingbird feeders, even if they’re advertised as “bear proof”. Avoid “free-feeding” pets outdoors. Do not leave pet food out overnight. If you must feed pets outdoors, make sure all food is consumed and empty bowls are removed. Clean all food and grease from your grill or outdoor kitchen after each use. Bears are attracted to food odors and may investigate.
What If…A Bear Totaled My Car?
Damage to Your Automobile Yes. There’s insurance for that. Make sure your automobile insurance includes this relatively inexpensive type of coverage. Your deductible can be as low as Zero Dollars ($0), and will provide coverage for a number of scenarios, including: missiles or falling objects; fire; theft or larceny; explosion or earthquake; windstorm; hail, water or flood; malicious mischief or vandalism; riot or civil commotion; contact with a bird or animal; or breakage of glass. (Read more on auto coverage in the NC Department of Insurance Consumer Guide here.) While the missiles, explosions, or riots are uncommon here in WNC, we do have an abundance of wildlife who would just love to eat that leftover granola bar in your front
Big Win in Court of Appeals
In a decision handed down December 16, 2014, the North Carolina Court of Appeals unanimously upheld the decision of the Buncombe County Superior Court awarding more than $1,400,000 to the Town of Black Mountain against two bond companies. Cannon Law, P.C.’s Bill Cannon, along with Black Mountain Town Attorney Ron Sneed, represented Black Mountain when the bond companies refused to pay for completion of subdivision improvements after the developer defaulted. Lexon and Bond Safeguard Insurance Companies had argued that annexation by the Town had terminated the bonds that were issued while the property was in the County. They also argued that the Town had failed to file suit within three years of the developer defaulting on its obligations. The Court
Cannon Law Obtains $1,400,000 Judgment
At a recent hearing in Asheville on motions for summary judgment Bill Cannon successfully defended a motion for summary judgment by two surety bond companies and obtained summary judgment in favor of the Town of Black Mountain and Buncombe County in the amount of $1,403,240.00. The bond companies had guaranteed completion of roads, sewer, storm drainage and sewer improvements for a subdivision in the event that the developer failed to do so. After the developer defaulted on its obligation, the bond companies refused to pay. They claimed that the statute of limitations had run on the bonds before suit was filed and that the bonds were terminated when the subdivision was annexed into the Town. Bill Cannon’s practice includes representation
Cannon Law Successful in Supreme Court
Bill Cannon successfully defended a favorable decision entered by the North Carolina Court of Appeals after the North Carolina Supreme Court decided to review the decision of the Court of Appeals. In Glens of Ironduff Property Owners Association, Inc. v. Daly, a subdivision property owners association sued the developer for damage to a subdivision road. The trial court ruled in favor of our client, the developer, and the association appealed the decision to the North Carolina Court of Appeals. The Court of Appeals upheld the decision of the trial court and ruled in favor of the developer. The North Carolina Supreme Court granted the association’s Petition for Discretionary Review and ordered briefs to be submitted as well as counsel to
ELECTION 2013 – EASTERN BAND OF CHEROKEE INDIANS
The Eastern Band of Cherokee Indians held its primary elections for Tribal Council yesterday, September 5, 2013. Here are the unofficial winners in each community, as reported by the Cherokee One Feather newspaper and the Tribe’s Board of Elections. Each community has two council members and they serve two-year terms. Several incumbents lost their seats, but representation in the majority of communities stays the same. Big Cove Tribal Council Teresa McCoy and Perry Shell Yellowhill Tribal Council David Wolfe and Alan “B” Ensley Birdtown Tribal Council Gene “Tunney” Crowe Jr. and Albert Rose Painttown Tribal Council Tommye Saunooke and Terri Henry Wolftown Tribal Council Bo Crowe and Dennis Edward (Bill) Taylor Cherokee Co./Snowbird Tribal Council Adam Wachacha and Brandon Jones SUMMARY
Supreme Court Weakens Pollution Law
In Applewood Properties, LLC v. New South Properties, LLC, Case # 161A12 decided June 13, 2013, the North Carolina Supreme Court reviewed a suit arising out of the flooding of a golf course with mud, water and other debris. The Plaintiff filed suit under the North Carolina Sedimentation Pollution Control Act of 1973 (N.C.G.S. § 113A-50 et seq.). Construction and soil disturbing activity had taken place on property adjoining a golf course pursuant to an erosion and sedimentation control plan approved by the Gaston County Natural Resources Department. (GNRD) On more than one occasion, the GNRD had issued a “Notice of Non-Compliance” for failure to comply with the approved plan. As a result of damage to the golf course, a
A Place for Civil Discussion
My practice is primarily focused on civil litigation, with additional practice areas where I try to counsel clients and prepare documents to minimize litigation. In legal jargon, I am a civil lawyer and my goal is to also be a “civil” (courteous & professional) lawyer in my dealing with opposing counsel, judges, court officials, parties and clients. I am starting this blog to have a forum where civil discussion can take place regarding issues that arise from the practice of law and developments springing from court decisions and legislation. I think an appropriate topic to kick this blog off is the importance of civility in the legal arena. Some trial lawyers and lawyers in general have developed a reputation for
Supreme Court Overturns NC Medicaid Lien Statute
In Aldona Wos, Secretary of North Carolina Department of Health and Human Services v. E.M.A., a minor, by and through her guardian ad litem, Johnson, et al. (decided March 20, 2013) the United States Supreme Court held that a North Carolina statute creating an irrebuttable presumption that the State is entitled to 1/3 of injury settlements received by Medicaid recipients was pre-empted by the federal Medicaid statute. In that case, a child was born with multiple birth injuries that require her to receive 12-18 hours of skilled nursing care daily. North Carolina Medicaid pays part of the cost of the ongoing care. State Used Arbitrary 1/3 Allocation When a settlement was reached in a medical malpractice case, the State claimed
Waynesville Lawyer Named to 2013 Super Lawyers List
Bill Cannon has been named to the North Carolina Super Lawyers list as one of the top attorneys in North Carolina for 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-‐phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country.